In response to a Notice of Proposed Rulemaking released by the Federal Communications Commission (FCC), CAI submitted comments to the Commission on 5G infrastructure deployment and its impact on community associations. The reason for the rulemaking is due to a request by the Wireless Internet Service Providers Association to the FCC asking the Commission to update the OTARD (Over the Air Reception Device) rule to apply to “all wireless transmitters and receivers, regardless of whether the equipment is sued for reception, transmission or both, so long as the equipment meets existing size restrictions for customer-end equipment.”
The sharing economy phenomenon and use of online platforms like Airbnb and VRBO, which facilitate short-term rentals, have significantly transformed the dynamics of renting property. The popularity of Airbnb and VRBO has created a unique housing market where short-term rentals provide considerable income for some community association owners, particularly those in vacation destination and resort areas. Community association owners, therefore, must determine what short-term rental policy is appropriate for their community.
A federal court has struck down, another restrictive pool use rule. On April 22, the Third Circuit Court of Appeals held that the A Country Place Condominiums in New Jersey violated the Fair Housing Act by implementing pool rules for male and female only swim times.
On March 7, The U.S. Department of Labor released a long-awaited proposed rule to address the salary threshold and other requirements related to implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, and professional employees. The new proposed salary threshold is $35,308. In other words, employees who earn less than $35,308 annually would be automatically eligible for time-and-a-half pay for all hours worked beyond a 40-hour work week, according to Bloomberg.
Community associations are subject to state laws that control how associations are developed, governed and managed. This state-based statutory framework has proven successful because it is predicated on the principle of local control over land-use and property decisions. While the community association housing model has a state statutory framework, there are federal issues impacting community associations. Therefore, we’ve identified federal priorities for 2019.